Masloff v. Port Auth. of Allegheny Cty.

613 A.2d 1186, 531 Pa. 416, 1992 Pa. LEXIS 394, 141 L.R.R.M. (BNA) 2045
CourtSupreme Court of Pennsylvania
DecidedJuly 29, 1992
Docket25 W.D. Appeal Docket 1992
StatusPublished
Cited by23 cases

This text of 613 A.2d 1186 (Masloff v. Port Auth. of Allegheny Cty.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Masloff v. Port Auth. of Allegheny Cty., 613 A.2d 1186, 531 Pa. 416, 1992 Pa. LEXIS 394, 141 L.R.R.M. (BNA) 2045 (Pa. 1992).

Opinions

OPINION

ZAPPALA, Justice.

Amalgamated Transit Union Local 85 (Local 85) and its President, Larry L. Klos, appeal from the adjudication and decree entered on April 10, 1992, by Judge Silvestri Silvestri of the Commonwealth Court permanently enjoining the work stoppage by the Union and directing the authorized representatives of Local 85 and the Port Authority of Allegheny County (PAT) to engage in court-supervised negotiations until an agreement was reached.1

Local 85 is the certified collective bargaining representative for approximately 2,700 individuals employed by PAT. Local 85 and PAT were parties to a collective bargaining agreement that expired by its terms on November 30, 1991. The parties’ negotiations for a successor agreement were initiated in October, 1991, but were unsuccessful.

On March 16,1992, the members of Local 85 went on strike. On March 31, 1992, Sophie Masloff, individually and as the mayor of the City of Pittsburgh, and the City of Pittsburgh filed a Complaint in Equity against PAT and Local 85 in the Court of Common Pleas of Allegheny County seeking, inter [420]*420alia, injunctive relief enjoining the strike. The City also filed an Application for Extraordinary Relief with this Court requesting that we assume plenary jurisdiction of this matter under 42 Pa.C.S.A. § 726. On April 1, 1992, we entered an order assuming jurisdiction of this matter.

Local 85 filed an answer to the equity complaint and PAT filed preliminary objections in the nature of a petition raising the defense of lack of capacity to sue. We dismissed PAT’s preliminary objections by Order of Court dated April 6, 1992, and determined that the City had standing to bring the Complaint in Equity. We remanded the matter to Commonwealth Court for expedited disposition and directed that President Judge David Craig assign the matter forthwith for disposition.

President Judge David Craig assigned the matter to Judge Silvestri. Hearings were held by Judge Silvestri on April 7-9, 1992, during which the City introduced testimony of various witnesses to demonstrate that the strike created a clear and present danger and a threat to the health, safety, and welfare of its citizens. Judge Silvestri concluded that the City had presented sufficient evidence of the far-reaching effect that the strike had upon commercial, academic, medical and social institutions and that the evidence submitted by PAT was neither of the quantity nor quality sufficient to rebut the overwhelming evidence presented by the City.2 Based upon the evidence, Judge Silvestri determined that a permanent injunction enjoining Local 85 from continuing the work stoppage was necessary to ensure the safety of the citizens and to prevent the immediate and irreparable harm that would result from a denial of the requested relief. An adjudication and decree was entered on April 10, 1992, enjoining the work stoppage, establishing a schedule for the representatives of Local 85 and PAT to engage in court-supervised negotiations, and directing the parties and participants to refrain from making any public statements without prior court approval.

On April 13,1992, Local 85 filed an Application for Expedited Stay and Injunction Pending Appeal with this Court which [421]*421was denied by order dated May 5, 1992. Local 85 appeals from the adjudication and decree issued by Judge Silvestri. Local 85 asserts that the City could not maintain an equity action to enjoin the strike under Section 3(k) of the Second Class County Port Authority Act (Port Authority Act), 55 P.S. § 563.2(k), and that the permanent injunction could not have been issued as a matter of law.

The standard of review of a decision by an equity court is limited. A chancellor’s findings of fact will not be disturbed absent an abuse of discretion, a capricious disbelief of the evidence, or a lack of evidentiary support on the record for the findings. A chancellor’s conclusions of law are subject to stricter scrutiny. Unless the rules of law relied on are palpably wrong or clearly inapplicable, however, a grant of injunctive relief will not be reversed on appeal. Jersey Shore Area School District v. Jersey Shore Education Association, 519 Pa. 398, 548 A.2d 1202 (1988).

Prior to its amendment in 1986, the Port Authority Act required PAT to submit any labor dispute concerning wages, salaries, hours, working conditions or benefits to arbitration by a board composed of three persons. The board members included a member chosen by PAT, a member chosen by the employees’ representative, and a third member to be agreed upon by PAT and the employees’ representative. The determination of the majority of the board members was final and binding on all matters in dispute. The employees did not have a right to strike after the term of a collective bargaining agreement had expired.

The collective bargaining provisions of the Port Authority Act were substantially revamped by the legislative amendments in 1986. Section 3 of the Port Authority Act, 55 P.S. § 563.2, establishes the revised collective bargaining procedures governing PAT and its employees. Collective bargaining must begin at least one hundred days prior to the expiration of a collective bargaining agreement. In the case of any labor dispute where collective bargaining does not result in an agreement, the dispute may be submitted to final and binding interest arbitration only with the written consent of both [422]*422parties. The composition of the board of arbitration and the method of selecting its members remained the same as provided for in the previous statute.

When the parties have agreed to submit the labor dispute to binding arbitration, all contract provisions remain the status quo during the period of arbitration. No lock-outs, strikes, or other interference with or interruption of transit operations are permitted during the arbitration period. 55 P.S. § 563.2(f).

Within forty-five days of the termination date of the collective bargaining agreement, either party may make a written request for the appointment of a neutral factfinder by the Pennsylvania Labor Relations Board (PLRB). When factfinding has not been requested by either party prior to the expiration of the term of the collective bargaining agreement, both parties must immediately make a written request that the PLRB appoint a neutral factfinder. Collective bargaining may continue during the factfinding process. 55 P.S. § 563.2(g).

Within forty-five days of the appointment, the factfinder must submit findings of facts and recommendations to the PLRB and both parties. 55 P.S. § 563.2(i). The parties are required to notify the PLRB and each other whether or not the recommendations of the factfinder are accepted. The findings and recommendations are publicized if they are rejected. 55 P.S. § 563.2(3).

Once the recommendations have been rejected and PAT and the employees’ representative have refused to mutually agree to final and binding interest arbitration, the employees shall have the right to strike in regard to that dispute. No strike is permitted, however, until the completion of a thirty-day “cooling-off’ period, beginning immediately after the termination of the collective bargaining agreement. 55 P.S. § 563.2(l). When the employees have exercised their right to strike, the Port Authority Act provides:

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Masloff v. Port Auth. of Allegheny Cty.
613 A.2d 1186 (Supreme Court of Pennsylvania, 1992)

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Bluebook (online)
613 A.2d 1186, 531 Pa. 416, 1992 Pa. LEXIS 394, 141 L.R.R.M. (BNA) 2045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/masloff-v-port-auth-of-allegheny-cty-pa-1992.